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2010 DIGILAW 456 (JHR)

Debnath Mukherjee v. State of Jharkhand

2010-04-12

D.G.R.PATNAIK

body2010
JUDGMENT Heard counsel for the parties. 2. The petitioner in this writ application, has prayed for quashing of the order dated 29.05.2003 issued under the signature of the respondent no. 2 whereby, the petitioner's claim for counting the Research experience acquired by him as teaching experience, was rejected. A further prayer has been made for issuance of a direction upon the respondents to give him the benefits of promotion to the post of Associate Professor and Professor with retrospective effect, recognizing 4 years, 11 month & 25 days Research experience equivalent to his teaching experience. 3. Counsel for the petitioner informs that earlier, the petitioner had filed a writ application vide CWJC No.639 of 1993 (R) before this court for similar relief and corresponding direction to the respondents. While disposing of the writ application, this court had directed the respondents to give all promotional benefits to the petitioner in terms of the regulations and also counting the period from 13.4.1977 when the petitioner was posted as Assistant Professor in General Medicine. When these directions were not complied with, the petitioner filed contempt application vide Cont. (C) No. 321 of 2002 and pursuant to the directions contained in the contempt application, the Secretaries of the Department of Health, both of the State of Bihar as also of the State of Jharkhand, were required to take a joint decision on the petitioner's claim. 4. It is contended by the petitioner that though, in compliance with the aforesaid direction, joint decision appears to have been passed on 29.5.2003 (Annexure3), but the petitioner has not been given promotion to the post of Professor. Although, later on, he was made acting Principal of M.G.M. Medical College, Jamshedpur and was also made Superintendent of the said college, but without payment of corresponding salary on the pay scale applicable to the post of Principal and Superintendent. 5. Counter affidavit has been filed by the respondent State of Bihar, though no counter affidavit has been filed on behalf of the respondent State of Jharkhand. 6. 5. Counter affidavit has been filed by the respondent State of Bihar, though no counter affidavit has been filed on behalf of the respondent State of Jharkhand. 6. From perusal of the order passed pursuant to the joint decision taken by the Secretaries of the Department of Health of the State of Bihar and State of Jharkhand (Annexure3), it appears that in compliance with the orders of this court passed in the earlier writ application, the respondents have taken into consideration that the petitioner had already obtained his promotion to the post of Assistant Professor in Medicine with effect from 13.04.1977 under the Management of Magadh Medical College, Gaya which was then in the Private Sector and he has already availed the pay scale of Assistant Professor since the date of promotion to the said post. As regards his promotion to the post of Associate Professor, though there was initially some hitch in view of the petitioner's position in the gradation list visa vis another doctor namely, Dr. S.K. Didwania, but it was decided that the petitioner be also given promotion to the post of Associate Professor from the same date as given to Dr. S.K. Didwania i.e. from 15.06.1995. It is explained further that had the earlier Rules continued, the petitioner would have availed the opportunity of his promotion to the post of Professor, but the earlier Rules was superseded by a new Rule which was notified by the Central Government and it came into effect from 21.05.1997, under which, the post of Professor could be filled up only by direct recruitment by way of All India Advertisement through the Public Service Commission. As such, there being no promotional avenue beyond the post of Associate Professor, the petitioner could aspire for the post of Professor only after gaining his eligibility after completing 5 years of experience as Associate Professor and thereafter, could submit his candidature in response to any advertisement if published, for filling up any vacant post of Professor. It is also informed that notwithstanding the aforesaid circumstances, the petitioner had availed the benefit of working as Acting Principal and Superintendent of the M.G.M. Medical College, Jamshedpur on the basis of the revised seniority made by the Government of Jharkhand, which posts happen to be the highest post for a teacher and as such, the petitioner cannot aspire for any further benefits. 7. 7. In the light of the explanation as indicated in the joint decision taken by the Secretaries of Department of Health, Bihar and Jharkhand, it appears that the petitioner's grievance have virtually been redressed. The petitioner's further grievance that he has not been given promotion to the post of Professor, appears therefore to be misconceived, in the light of the explanation appearing in the joint decision of the Secretaries. There being no merit in this writ application, the same is dismissed.